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Judicial order whereby some action is forbidden or held in abeyance until the court lifts the order |
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An undetermined or incomplete state of affairs; also, a lapse in succession during which there is no person in whom title is invested |
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A statute in some states that permits a person's criminal record to be closed and cannot be examined except by court order (not expunged) |
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To interrupt, to postpone, to discontinue temporarily, but with the expectation of resumption |
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To give up a claim or right voluntarily; to renounce or disclaim a benefit; to abandon a remedy which the law gives him |
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Part of a complaint in a civil action, which sets forth the requested relief or damages, which the pleader deems himself entitled; a request contained in a complaint or petition that asks for relief the plaintiff thinks themselves entitled |
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The first pleading of the plaintiff setting out the facts on which the claim for reflief is based |
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Constitutes the plaintiff's course of action and defendant's grounds for defense |
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Punishment ordered by a court to be inflicted upon a person convicted of a crime |
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Relief from all or part of a prison sentence on promise of good conduct |
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Double prosecution and double punishment for the same offense |
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The right of a person to refuse to answer or give testimony against himself; the right may be waived provided the requirements of the Miranda Rule have been met |
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Requirement that a person receive certain warnings relating to self-incrimination and to receive advice from an attorney |
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To isolate the jury from the public; to be kept together throughout the trial and deliberation and guarded from improper contact |
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Heading of a legal document containing the names of the parties, the court, index, docket number, etc |
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Information concerning a fact actually communicated to a person by an authorized person |
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Willful disregard or disobedience for public authority |
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Honesty, truthfulness, accuracy |
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When a plaintiff has obtained a judgment by default, which directs the sheriff and jury to inquire into the amount of the plaintiff's demand and assess damages |
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Someone unable to hire a lawyer or otherwise afford the expense of defending himself in a criminal matter |
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To confirm or substantiate by oath or affidavit |
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Puts in force the judgment or decree of a court; the written command of a court to direct an official to enforce (execute) a judgment |
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Public official who is authorized to witness signatures on documents, to administer oaths, and to take depositions |
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An objection to a ruling or order of a court; or calling an error to the attention of the court in some manner |
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To bring a case from a lower court to a higher court for revised ruling or rehearing |
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Written accusation presented by a grand jury to a court charging that a person should be tried for a crime; informs an accused of the offenses with which he is charged |
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First step in the criminal process where the defendant is charged with an offense, the charge is read to him, and he is asked to plead guilty, not guilty, or nolo contendere |
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Usually refers to the highest appellate state court; the court of last resorts |
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Take place in the area of the court room that is within hearing of the judge, but out of hearing of the jury and witnesses; these conferences are recorded in order to be considered on appeal |
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Latin for "of his own right"; someone capable of taking care of themselves |
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Formal accusation brought to remove a civil officer from office |
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A person is not responsible for a criminal act because of mental disease or defect if someone did not understand what they did, or that it was wrong; the person is unable to distinguish right from wrong |
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Someone accused of a crime is entitled to be confronted with the witnesses against her; allows the accused to be present at her trial |
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Item of personal property other than real estate and land; moveable item of personal property |
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Special act of the legislature that inflicts capital punishment on persons supposed to be guilty of offenses like treason without a trial; prohibited by Article 1 of the Constitution |
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Form of discovery; gives notice to the accused of the offenses charged in the Bill of Indictment so he may prepare for a defense (particulars of an indictment) |
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Formal written document accusing a person of a crime and submitted to the Grand Jury by the prosecutor for their action |
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Proceeding brought to secure an explanation, alteration, or reversal of a final decree by the court which rendered it |
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Final decision and judgment of a court |
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Written instrument guaranteeing faithful performance of acts and duties |
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Wrongful conduct by a professional through neglect or lack of ethics (medical or legal) |
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United States District Court |
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Trial courts with general federal jurisdiction over cases involving federal laws or offenses; also, between citizens of different states |
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To settle disputes outside of a court setting |
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Ex parte order/proceeding |
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Latin for "in behalf of"; an order granted for the benefit of one party only without notice and contestation by the other party (favors one side; not contested by the other) |
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Judgment entered against a defendant due to his failure to respond to the plaintiff's action or to appear at trial |
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Accusatory body; generally 23 in number; if insuffiecient evidence exists to charge a person with a crime, it is a no bill |
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In criminal law to determine whether or not probable cause existed for the arrest of someone; preliminary hearing |
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Having reasonable grounds for belief in certain alleged facts |
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Trial of an issue of fact when the plaintiff alone introduces testimony, often without a jury (ex.: coroner's inquest - finding cause of death) |
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List of persons summoned to serve as jurors from which the final trial jury is selected |
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Used to exclude references to anticipated evidence claimed to be objectionable until admissibility is ruled on; seeks to avoid presenting irrelevant, inadmissible, or prejudicial evidence (eliminate) |
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also, a writ of federal habeas corpus, is used to test the constitutionality of a state criminal conviction (something in the case is unconstitutional) |
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Ones for which the death penalty may, but need not necessarily be imposed |
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Proving a will was signed and executed in accordance with legal requirements; determining the validity of a will |
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Final determination arrived at after consideration; involves reaching a conclusion |
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Presiding member of the jury; the person who speaks on behalf of the jury when communicating with the court or rendering a verdict |
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